labourers, farm servants, manufacturers, artificers, and work-people, shall cease to be liable to arrestment for debts contracted subsequent to the passing of this Act, save as hereinafter excepted. 2. [Limitation of liability of wages to arrestment.]—If the amount of wages earned exceeds Twenty Shillings per week, any surplus above that amount shall still be liable to arrestment as before the passing of this Act, but the expense or cost of any such arrestment shall not be chargeable against the debtor unless in virtue of such arrestment the arresting creditor shall recover a sum larger than the amount of such expense or cost. 3. [As to debts incurred before passing of Act.]—No arrestment of wages shall hereafter attach more than the amount of any surplus above twenty shillings per week, unless it shall be stated on the face of the arrestment, or indorsed thereon, that the debt in respect of which it is used was incurred prior to the passing of this Act; and such statement may be made by a memorandum on the arrestment subscribed by the officer executing the same. 4. [Act not to affect decrees for alimentary allowances or for rates and taxes.]-This Act shall in no way affect arrestments in virtue of decrees for alimentary allowances or payments, or for rates and taxes imposed by law; but every arrestment used after the first day of January One thousand eight hundred and seventy-one for such alimentary allowances or payments, or for rates and taxes imposed by law, shall set forth the nature of the debt for which it has been used, otherwise the same shall not be effectual. 5. [Short title.] This Act may be cited as "The Wages Arrestment Limitation (Scotland) Act." No. V. 34 & 35 VICT. c. 42.-An ACT to amend the Process Citation in Scotland.-[13th July 1871.] WHEREAS by an Act of the Scottish Parliament, passed in the reign of King James V., anno 1540, c. 75., entitled "The ordour of summounding of all persons in civill actiones," the affixing of copies of letters or precepts "to the gate or door of a house, after the officer has given six knocks and failed to get entrance thereto, was made a lawful and sufficient citation : And whereas great evils have arisen through the practice of that mode of citation, and it is expedient that it be restricted, and also that the present process of citation be in some other respects amended: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— 1. [Short title.]-The short title of this Act shall be "The Citation Amendment (Scotland) Act." 2. [Abolition of lockhole citation, and where defender has removed.] No summons, complaint, or decree and warrant or other order or writ following upon such summons or complaint issued by any Small Debt Court in Scotland, shall be legally or validly served,— (1) By being affixed to the gate or door of any house or premises, or, (2) Where the defender has removed from such house or premises, by being left in the hands of an inmate thereof, Save as herein-after excepted. 3. [In certain cases substituting registered letter by post.]-Where an officer of any Small Debt Court is satisfied that the defender named in any summons, complaint, decree and warrant or other order of such Small Debt Court or writ following upon such summons or complaint, is refusing access or concealing himself to avoid citation or service, or has within a period of forty days removed from the house or premises occupied by him, his place of dwelling for the time not being known, it shall be lawful for such officer, after he has affixed to the gate or door of such house or premises, or left in the hands of an inmate there, the said summons, complaint, decree and warrant or other order or writ, to send to the address which after diligent inquiry he may deem most likely to find the defender, or to his last known address, a registered letter by post containing a copy of such summons, complaint, decree and warrant or other order or writ; and the affixing or leaving of such summons, complaint, decree and warrant or other order or writ, and the posting of such intimation, shall constitute a legal and valid citation or service; provided always, that the execution to be returned by such officer shall state that he endeavoured to effect service at the defender's last known dwelling-place, and the circumstances that prevented it, and shall be accompanied by the post-office receipt for the registration. 4. [Witnesses unnecessary.]—In all cases before the Small Debt Courts and proceedings therein, it shall not, except in cases of poinding, sequestrating, or charging, be necessary for any officer to be accompanied by any witness or concurrent. 5. [Interpretation of Defender.The word "defender" shall mean and include the person or persons named in and called upon to answer any summons, complaint, decree, and warrant or other order or writ or proceeding in the Small Debt Courts. 6. [Application of Act.]-Nothing in this Act shall apply to the proceedings of any other courts than the Small Debt Courts of the Sheriffs and Justices of the Peace. No. VI. 37 & 38 VICT. c. 64.-An ACT to further alter and amend the Law of Evidence in Scotland, and to provide for the recording, by means of shorthand writing, of Evidence in civil causes in Sheriff Courts in Scotland.—[7th August 1874.] BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. [Sect. 4 of 16 & 17 Vict. c. 20, repealed.]—The fourth section of the Act of the sixteenth and seventeenth years of the reign of Her present Majesty, chapter twenty, intituled "An Act to alter and amend an Act of the fifteenth year of Her present Majesty, for amending the law of evidence in Scotland," is hereby repealed. 2. [Parties and their Husbands and Wives to be Witnesses in proceedings on account of Adultery.]—The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be competent to give evidence in such proceeding; provided that no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. 3. [Law as to proof of Promise of Marriage in declarator of marriage founded thereon, cum copula subsequente, not to be altered.] -Nothing in this Act contained shall be construed to alter or affect the law of Scotland in force at and prior to the passing of this Act relating to the proof of a promise of marriage in any action of declarator of marriage founded upon promise of marriage cum copula subsequente. 4.[Shorthand Writers may be employed to record evidence in Sheriff Courts. In every case of a proof in a civil cause or proceeding in a Sheriff Court in Scotland, and in every case of evidence being taken in any such cause or proceeding to lie in retentis, the following provisions shall have effect: (1) It shall be competent to the Sheriff, on the motion of any party to the cause or proceeding and if he sees fit, to cause the evidence to be taken down and recorded in shorthand by a writer skilled in shorthand writing, to whom the oath de fideli administratione shall be administered, provided that the Sheriff shall himself dictate to the shorthand writer the evidence which he is to record, and a note of the documents adduced, and any admissions made by the parties: (2) When a shorthand writer is so employed he shall be appointed by the Sheriff and paid by the parties in the first instance equally, and the extended notes of such shorthand writer, certified by him as correct, shall be the record of the oral evidence in the case; provided that, should the correctness of the said record of evidence be questioned, it shall be competent to the Sheriff to satisfy. himself in regard thereto, by the examination of witnesses or otherwise, and if necessary to amend the said record. 5. [Interpretation of Terms.]-In this Act the term "Sheriff" includes Sheriff-Substitute, and any person appointed by a Sheriff to take evidence on commission according to the present law and practice. 6. [Short Title.]-This Act may be cited for all purposes as The Evidence Further Amendment (Scotland) Act, 1874." No. VII. 38 & 39 VICT. c. 62.-An ACT to alter and amend the Law relating to Appeals in Summary Prosecutions before Inferior Judges in Scotland.-[11th August 1875.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. [Short Title.]-This Act may be cited for all purposes as "The Summary Prosecutions Appeals (Scotland) Act, 1875.” 2. [Interpretation of Terms.]-In this Act the following terms have the meanings herein assigned to them; that is to say, "Inferior Judge " means and includes any Sheriff or Sheriffsubstitute, justice or justices of the peace, or magistrate or magistrates: "Magistrate" means a magistrate of any royal burgh, or of any burgh returning or contributing to return a member to Parliament, or of any burgh of regality or barony, and includes any commissioner of police authorised to act as a judge under any general or local Police Act: Cause means and includes every proceeding which may be brought under the Summary Procedure Act, 1864, and every other summary proceeding for the prosecution of an offence or recovery of a penalty competent to be taken before an inferior judge: "Clerk of Court" means the Clerk of the Court of an inferior judge, and includes any depute clerk of Court or other person authorised to act, and acting for the time, as such Clerk of Court: "The Respondent" means and includes any party to a cause other than the party appealing under this Act against the determination thereof by an inferior judge. 3. [Inferior Judge on application of party aggrieved to state a case for opinion of Superior Court.]-On an inferior judge hearing and determining any cause, either party to the cause may, if dissatisfied with the judge's determination as erroneous in point of law, appeal thereagainst, notwithstanding any provision contained in the Act under which such cause shall have been brought excluding appeals against or review in any manner of way of any determination, judgment, or conviction or complaint under such Act, by himself or his agent applying in writing within three days after such determination to the inferior judge to state and sign a case, setting forth the facts and the grounds of such determination, for the opinion thereon of a superior court of law as hereinafter provided; and on any such application being made, the following provisions shall have effect: 1. The appellant shall not be entitled to have a case stated and delivered to him unless within the said three days he shall— (1) Lodge in the hands of the Clerk of Court a bond with sufficient cautioner for answering and abiding by the judgment of the superior court in the appeal and paying the costs should any be awarded by that Court, or otherwise, in the discretion of the inferior Judge, shall consign in the hands of the Clerk of Court such sum as may be fixed by the |